Overview

This bill aims to establish a new process for resolving disputes about property boundaries and private rights of way in England and Wales. It outlines a system using qualified surveyors to determine boundaries, minimizing the need for costly and time-consuming court cases.

Description

The bill details a structured approach to boundary disputes. If a dispute arises, and court proceedings haven't begun, landowners must serve notice on their neighbor, including a boundary plan. If the neighbor objects or doesn't respond within 14 days, a dispute is deemed to exist.

Surveyor Involvement

The bill mandates the appointment of one or three surveyors (depending on agreement between landowners) to determine the boundary. Specific rules are outlined for surveyor appointment, replacement, and actions if a surveyor fails to act. The surveyors' decision is binding, subject to a 28-day appeal to the High Court.

Legal Processes

The bill covers situations where boundary disputes are already in court, automatically staying those proceedings and transferring the matter to the surveyor process. It also outlines penalties for not following the new procedures, such as losing the right to recover costs in court. The process involves submitting the final surveyor's decision to the Land Registry.

Regulations

The bill specifies that surveyors must be regulated by professional bodies like the Royal Institution of Chartered Surveyors. It provides for a Code of Practice to guide the process, and the Secretary of State has powers to make regulations and amendments.

Exemptions

The bill exempts land owned by the Inns of Court in Inner London. However, it explicitly applies to land owned by the Crown or government departments.

Government Spending

The bill doesn't directly specify the impact on government spending. However, if it reduces the number of boundary disputes going to court, it could lead to cost savings for the government in terms of court resources and legal aid.

Groups Affected

• Landowners: This bill directly affects them, providing a new dispute resolution method. It may save them time and legal costs, although they will also incur costs for surveyor fees.
• Surveyors: The bill creates new work opportunities for qualified surveyors regulated by specified professional bodies.
• Courts: The bill may reduce the workload of courts dealing with boundary disputes.
• The Land Registry: The Land Registry will receive the final surveyor's decisions for recording.

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